IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20;
AND IN THE MATTER OF THE APPEAL OF THOROUGHDBRED TRAINER JOHN DIGIOVANNI AND THOROUGHBRED OWNERS MICHAEL ZAMPINI
AND GIOVANNI DEROSE
RULING
Trainer John Digiovanni and Owners Michael Zampini and Giovanni Derose appealed Thoroughbred Ruling 2001-455 wherein the Stewards at Woodbine Racetrack fined Mr. Digiovanni the sum of $1, 000 for failing to have his horse HURRICAT attend at the TCO2 testing area following the second race of November 1, 2001. Pursuant to this Ruling, the Stewards also ordered that the second place purse monies earned by HURRICAT for the 2nd race of November 1, 2001, be returned to the Woodbine Entertainment Group in accordance with TB Rules 16.02.1, 16.02.2, 16.13(d), 24.04 and 37.06.
On December 5, 2001, ORC Vice-Chair Herbert Bryant and Commissioners Ernest Nock and Thomas Deacon convened to consider the matter.
Counsel Gerald Sternberg appeared on behalf of the appellants and Counsel Joanne Mitchell appeared on behalf of the ORC Administration.
On hearing the evidence of Steward Nelson Ham, Jim Sutherland, John Digiovanni and Michael Zampini, on reading the exhibits filed and on hearing the submissions of the parties, the panel upheld the Stewards’ decision to fine Mr. Digiovanni the sum of $1,000 but ordered the distribution of second place purse monies earned by HURRICAT for the second race of November 1, 2001, to its owners.
The reasons for decision were delivered orally and form part of the transcript.
Dated this 11th day of December, 2001 at Toronto.
BY ORDER OF THE COMMISSION_________________________
Jean Major
Executive Director